Hindu Succession Act, 1956, Section 6 -- Hindu Law - Right to succession - Husband of plaintiff predeceased his father - Interest of Hindu Mitakshara coparcener shall be deemed to be the share in the property that could have been allotted to him if a partition of the property had taken place immediately before his death - Therefore, plaintiff could claim only inheritance..........
Will -- Execution - Proof - Can be proved by examining at least one attesting witness - If one attesting witness proves execution of Will as per S.63 Succession Act then examination of other witness can be dispensed with...........
Succession Act, 1925, Section 372 -- Two petitions for issue of Succession certificate - First claim raised by Devki Devi being widow, alleging that marriage between Chandan Singh, deceased and Parvati Devi dissolved in Panchayat - Second claim by Parvati Devi being widow - First claim contested - Dissolution of marriage denied. Held - Under Hindu Marriage Act, once..........
Hindu Succession Act, 1956, Section 8 -- Ancestral property - Property inherited from father - Not ancestral qua his sons. AIR 1986 SC 1753 relied...........
Hindu Succession Act, 1956, Section 8 -- Joint Hindu Family Property - Suit for declaration by son that residential house is Joint Hindu Family property - House inherited by defendant/father from his father - Cannot be deemed as Joint Hindu Family Property qua plaintiff...........
Hindu Succession Act, 1956, Section 22(1) -- Preferential right of a co-heir to purchase the property of other co-heir - This right is akin to the right of pre-emption - Expression 'one of such heirs proposed to transfer his or her interest' also include the final transfer of such interest by way of sale, gift or any other mode - Right of pre-emption is not obliterated..........
Industrial Disputes Act, 1947, Section 2(oo),(bb),25F -- Retrenchment - The workman has been offered appointment with fictional breaks to prevent the petitioner from taking benefit of Section 25(F) of the Act - The appointment order issued in succession to the workman was a camouflage to take out the petitioner-workman from the ambit of Section 25(F) of the Act - The..........
Succession Act, 1925, Section 113, 116, 129 -- Will - Conditional bequests - Construction of - Clause 12 of the `Will' contain interalia - `If my son has no issue, however distant or adopted son or any issue of such adopted son, my estate shall go to the University of Calcutta for advancement of learning' - The legatee admittedly did not have any issue nor did he adopt or..........
Succession Act, 1925, Section 88 -- Will - Construction of - In consistency in clauses - Two clauses of gifts in Will - Irreconcileable - Possibly cannot stand together - The last shall prevail...........
Succession Act, 1925 -- Chapter VI - Will - Construction of - Intention of testator - The Will as a whole must be considered and not merely the particular part thereof - It is imperative that nothing should be read there in to invalidate the same. Attending circumstances also required to be taken into consideration besides intention of the maker of Will...........
